Reston, Virginia, – November 7, 2013 – (RealEstateRama) — MERSCORP Holdings, Inc. today announced that United States District Court for the Eastern District of North Carolina found in favor of Mortgage Electronic Registration Systems, Inc. (“MERS”), JP Morgan Chase Bank, and other MERS® System members.
In the case of James Porterfield vs. JP Morgan Chase Bank NA, Inc. MERS, et al, the borrower plaintiff brought several counts including “fraud by use of MERS” alleging that MERS could neither be a named beneficiary nor a nominee of a lender in the Deed. The plaintiff further claimed that the “the hidden purpose of MERS is to defraud borrowers and the clerks of court by hiding the true owners of secured interests on property in opposition to common law policies and the laws of North Carolina, and that all transfers of the Deed or the Note by MERS are void.”
The Court found that “despite the plaintiff’s contention to the contrary, the Deed unequivocally identifies MERS and its position.” Additionally, Judge Terrence W. Boyle ruled that “the plaintiff has failed to uncover any case finding that MERS violates North Carolina law whereas several other courts have held that MERS is lawful and accordingly has the authority to assign it rights under deeds of trust.”
“This ruling serves as a reminder that prior case law has been settled. Courts have consistently found that MERS has authority to assign its rights under deeds of trust,” said MERSCORP Holdings Vice President for Corporate Communications, Janis Smith. “MERS has legal authority to act on behalf of the lender – including the right to execute the assignment – and this authority is granted by plain language in the mortgage document signed at closing by the borrower.”
For descriptions of cases and other materials pertaining to MERS’ business model and role in U.S. housing, please visit www.mersinc.org.
MERSCORP Holdings, Inc. is a privately held corporation that owns and manages the MERS® System and all other MERS® products. It is a member-based organization made up of thousands of lenders, servicers, sub-servicers, investors and government institutions. Mortgage Electronic Registration Systems, Inc. (MERS) serves as the mortgagee in the land records for loans registered on the MERS® System, and is a nominee (or agent) for the owner of the promissory note. The MERS® System is a national electronic database that tracks changes in mortgage servicing and beneficial ownership interests in residential mortgage loans on behalf of its members.
CONTACT: Janis Smith